HARRY HUGHES, Governor

1965

(B)  DUTIES OF SECRETARY.
THE SECRETARY SHALL:

(1)  REVIEW FROM TIME TO TIME THE KEEPING QUALITY
OF MILK PRODUCTS BY CONDUCTING SCIENTIFIC SHELF-LIFE STUDIES
THAT RECOGNIZE DIFFERENT METHODS OF PASTEURIZATION; AND

(2)  AFTER HOLDING A PUBLIC HEARING, ADOPT RULES
AND REGULATIONS THAT ESTABLISH THE MAXIMUM SHELF LIFE
SELL-BY PERIOD FOR EACH KIND OF MILK PRODUCT.

(C)  CONTAINER MARKINGS.

(1)  AFTER A PUBLIC HEARING, THE SECRETARY SHALL
ADOPT RULES AND REGULATIONS THAT ESTABLISH A METHOD FOR
CONSPICUOUSLY MARKING, ON THE MILK PRODUCT CONTAINER, THE
LAST DATE ON WHICH THE PRODUCT MAY BE SOLD.

(2)  EACH MILK PRODUCT CONTAINER SHALL BE MARKED
AS REQUIRED BY RULES AND REGULATIONS ADOPTED UNDER THIS
SUBTITLE.

(D)  SELL-BY PERIOD ESTABLISHED.

(1)  A MILK PRODUCT THAT IS COOLED TO, PACKAGED,
AND STORED AT 45 DEGREES FAHRENHEIT OR LESS BEFORE IT IS
PURCHASED BY OR DELIVERED TO THE ULTIMATE CONSUMER HAS A
SHELF LIFE SELL-BY PERIOD OF 7 DAYS.

(2)  IF A SCIENTIFIC STUDY JUSTIFIES A
MODIFICATION OF THE TEMPERATURE REQUIREMENTS OF THIS
SUBSECTION, THE SECRETARY, AFTER A PUBLIC HEARING, MAY ADOPT
RULES AND REGULATIONS THAT MODIFY THE TEMPERATURE
REQUIREMENTS OF THIS SUBSECTION.

(E)  EXTENSION OF SELL-BY PERIOD.

(1)  A MILK PROCESSOR MAY APPLY FOR PERMISSION TO
EXTEND THE SHELF LIFE SELL-BY PERIOD OF A MILK PRODUCT BY
NOT MORE THAN 5 DAYS.

(2)  IF AN APPLICATION UNDER THIS SUBSECTION IS
SUPPORTED BY A SCIENTIFIC STUDY OF SHELF-LIFE AND THE STUDY
IS ACCEPTABLE TO THE SECRETARY, THE SECRETARY SHALL GRANT
PERMISSION TO EXTEND THE SHELF LIFE SELL-BY PERIOD BY NOT
MORE THAN 5 DAYS.

REVISOR'S NOTE: Subsection (a) of this section is new
language added for clarity.

Subsections (b) through (e) of this section are
new language derived without substantive change
from former Article 43, § 574.